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Constitutional Law,
Civil Procedure

Apr. 4, 2025

Post-Dobbs litigation to test federal Extradition Act enforcement powers

As the interstate abortion legal battle intensifies, a legal expert examines potential scenarios Louisiana might pursue after New York's refusal to extradite a doctor - raising questions about federal power, state sovereignty, and the constitutional limits of enforcing abortion laws across state lines.

Caleb Mason

Partner
Werksman Jackson & Quinn, LLP

Post-Dobbs litigation to test federal Extradition Act enforcement powers
Shutterstock

"Leave it up to the states on abortion" won't work. If this wasn't clear at the time of the Dobbs decision, it's clear now, since Louisiana just indicted a doctor in New York for providing a pregnancy termination prescription to a Louisiana resident. Louisiana has formally requested that New York arrest and extradite the doctor, and New York has refused. This is a real constitutional crisis.

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